Jump to content


  • Tweets

  • Posts

    • Have we seen your court bundle?   If we haven't then it's probably an idea to post it up here especially the index page and the witness statement so we can see if there is anything which might need adding or changing 
    • "Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this?" Its pretty simple although not obvious. You open the google maps app > click your profile picture > Click Timeline from the list > click today > choose the date you want to see the timeline from. Then you'll see your timeline for that day. Often, places you have visited will have a question mark beside them where google wants you confirm you have actually visited. You either click 'yes' if you have, or you click 'edit' to enter the actual place you visited. Sometimes, you'll see 'Missing visit' This probably happens if your internet connection has dropped out at that time. You simply click 'Add visit' and enter the place. The internet on my crappy phone often loses connection so I have to do that alot.   OK dx, understood mate. 
    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • Sorry  Noted x   Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Account OD...can payments still be taken?


danworg
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4454 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello...this is my first time on the forum,so i apologise in advance for not doing something correct.

To cut a long story short i have entered into a dmp with cccs who are setting this up now with my creditors.The problem i have is that one of my creditors..wonga...are due to take a payment from my bank account in the next few days.Now i am obviously not able to pay them as i have a dmp in process,but wonga insist they will try to take payment from the account.Knowing this would happen under advice from CCCS i opened another account with my bank (barclays),a basic account as the dmp will include an overdraft from the previous bank account that WONGA will try to take payment from....

My question really is when WONGA do try to take funds from my old account (which is maxed out with the overdraft) will Barclays transfer funds from my new account to the old account to satisfy WONGA or are they not able to transfer the funds without my permission?

 

Sorry for the long winded attempt but i am very worried that funds will be used from one account to satisfy a creditor on another account.

 

Thanks in advance.

Link to post
Share on other sites

Under instructions from CCCS i opened a basic account with the same bank (Barclays)....they surely wont be able to transfer funds from the basic new account to the old account to satisy Wonga repayments...will they??

Link to post
Share on other sites

Under instructions from CCCS i opened a basic account with the same bank (Barclays)....they surely wont be able to transfer funds from the basic new account to the old account to satisy Wonga repayments...will they??

 

Possibly not but they can transfer funds between accounts as part of their all sums due clause. This means they can take minimum payments for their own debts - overdraft, loans, cards etc. so if the payment to wonga makes you overdrawn then they can cover that with funds from your new account.

You would be better with a completely new bank.

 

B

Link to post
Share on other sites

But Barclays have an agrrement with CCCS to include the overdraft (max £300) in the debt management plan of which i have agreed with CCCS a monthly total to pay my creditors.So presumably as i am maxed out on the overdraft and Barclays have switched all direct debits from the old account to the new account then when WONGA try to take funds out they will not be able to because i will have no overdraft limit left?

I got all my tax credits and rent benefit transfered to the new account,as instructed by CCCS,so that no creditors could take any money for bills etc....but i am just worried that WONGA will manage to access funds if the bank moves the money around???

 

Thanks for your replies by the way.

Link to post
Share on other sites

That's good of Barclays to do that. Not many banks will. The problem is that wonga take direct payments rather than standing orders or direct debits. You could check with Barclays that your old account has been frozen and that no more payments will be made?

 

B

Link to post
Share on other sites

Apparently it is an agreement they have with CCCS to deal with customers who have to include an overdraft in their DMP.

Surely no payments can come out of a bank account if it has reached the maximum overdraft limit?.....they would just refuse a payment...wouldn't they?

 

Or am i missing something?

 

Thanks

Link to post
Share on other sites

Hello,

I have an account with Barclays that is maxed out on an OD £300 and i am entering into a DMP with CCCS.

What i am worried about is that a creditor (WONGA) are due to take a payment of £800+ out of the account on Saturday (repayment date)...

Will Barclays honour the payment? which will obviously send me massively OD or will they take money i have in another account to pay WONGA?

Barclays are including the first OD account in the DMP and have allowed me to open a basic account so that i can recieve my benefits and make utility bill payments...surely they wont allow WONGA to take money from the account...will they?

Link to post
Share on other sites

Hi Danworg,

 

I see this has already been discussed in the Paydayloans forum on another thread. Please keep to one thread or the other. :wink:

 

Are Wonga included in the CCCS DMP arrangements ?

 

I would write urgently to Barclays saying that you do not authorise them to make any payment to Wonga, from either a/c. They may say you have to speak to Wonga about this and that they cannot stop payments that are demanded through a "Continuous Payment Authority".

 

To keep your benefits money safe, you should really have opened the 2nd a/c at another bank. You should still consider doing this and you should be able to get a basic a/c elsewhere.

 

The other way to tackle the threat of Wonga getting your money is to:-

 

1. Send Barclays a letter of Appropriation confirming that the money in the 2nd a/c is from Benefits and must remain solely for the use of your priority debts (rent, Council Tax, food) for you and your family. See the LoA example here - http://www.consumeractiongroup.co.uk/forum/showthread.php?36790-Is-the-bank-taking-your-Benefits&p=289030&viewfull=1#post289030

 

2. Tell Barclays that they must not pay Wonga as it would take you over your £300 o/d limit.

 

3. Tell Barclays they must not transfer any of your Benefits money into the 1st a/c as that would put it at risk from Wonga's demands.

 

You must then decide how to deal with Wonga and this will best be discussed in the Paydayloans forum.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

threads merged

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

oopps...sorry about that...i should have realised not to open two threads about the same subject..sorry.

 

Thanks for the advice so far....

I still fail to see how Barclays will allow Wonga to take money(£800) from an account that has already reached it's maximum overdraft limit(£300)?

I mean if i go to the cash point now or try to transfer money via online banking it just says i haven't got enough funds to cover the transaction,so surely this is what would happen when WONGA try to take their payment?....

Edited by danworg
Link to post
Share on other sites

I have been in touch with CCCS and they have told me to save the worry by getting all my benefits paid into my wifes account,of which i have done straight away this morning.I will now close the new basic account down and deal with all the creditors via CCCS.

Thanks for all the replies .....this forum certainly has good information and people willing to give advice.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...